Abuja, Nigeria – In a significant legal development, the Federal High Court in Abuja has ruled to disqualify the candidate of the All Progressives Congress (APC) in the upcoming Bayelsa State Governorship Election, Timipre Sylva.
The judgment was delivered on Monday night by Justice Donatus Okorowo in response to a suit filed by Demesuoyefa Kolomo, a member of the All Progressives Congress in Bayelsa State. The suit, marked FHC/ABJ/CS/821/2023, sought to determine whether Sylva was eligible to contest the election. The main contention was Sylva’s previous occupancy of the governor’s office in Bayelsa, where he served two non-consecutive terms: from May 29, 2007, to April 15, 2008, and from May 27, 2008, to January 27, 2012.
Justice Okorowo, in his ruling, emphasized that permitting Sylva to contest again would violate the provisions of the 1999 constitution, as he had already been sworn in twice and governed the state for a total of five years. The judge noted that if Sylva were allowed to participate in the election and subsequently win, he would exceed the constitutional limit of eight years in office.
Citing the precedent set in the case of Marwa vs. Nyako at the Supreme Court, Justice Okorowo highlighted that the framers of the country’s constitution explicitly stated that no individual should be eligible for election as governor more than twice. He further emphasized that both parties in the suit agreed that Sylva had been elected to office on two separate occasions.
In alignment with the Supreme Court’s stance in the Marwa vs. Nyako case, Justice Okorowo underscored that the constitution and its scope cannot be expanded. Allowing Sylva to contest the forthcoming election would set a precedent where individuals could potentially run for office as many times as they wished, which is contrary to the established legal framework.
This ruling has significant implications for the Bayelsa State Governorship Election, as it removes Timipre Sylva from the list of eligible candidates, potentially altering the dynamics of the contest.